02/09/2021 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB56 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 56 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
February 9, 2021
1:32 p.m.
MEMBERS PRESENT
Senator David Wilson, Chair
Senator Shelley Hughes, Vice Chair
Senator Mia Costello
Senator Lora Reinbold
Senator Tom Begich
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Senator Peter Micciche
COMMITTEE CALENDAR
SENATE BILL NO. 56
"An Act extending the January 15, 2021, governor's declaration
of a public health disaster emergency in response to the novel
coronavirus disease (COVID-19) pandemic; providing for a
financing plan; making temporary changes to state law in
response to the COVID-19 outbreak in the following areas:
occupational and professional licensing, practice, and billing;
telehealth; fingerprinting requirements for health care
providers; charitable gaming and online ticket sales; access to
federal stabilization funds; wills; unfair or deceptive trade
practices; and meetings of shareholders; and providing for an
effective date."
- MOVED CSSB 56(HSS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 56
SHORT TITLE: EXTENDING COVID 19 DISASTER EMERGENCY
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/25/21 (S) READ THE FIRST TIME - REFERRALS
01/25/21 (S) HSS, L&C, FIN
02/02/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/02/21 (S) Heard & Held
02/02/21 (S) MINUTE(HSS)
02/04/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/04/21 (S) Heard & Held
02/04/21 (S) MINUTE(HSS)
02/08/21 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/08/21 (S) Scheduled but Not Heard
02/09/21 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
JOHN ZAFADA, Policy Director
Alaska Primary Care Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 56.
NANCY FREDERICKSON-POPE, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
ED MARTIN, KEE Construction
Cooper Landing, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
KATHLEEN MARTIN, representing self
Cooper Landing, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
HERMAN MORGAN, representing self
Aniak, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
ADAM HYKES, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
CRYSTAL CONNER, representing self
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
RACHEL LORD, representing self
Homer, Alaska
POSITION STATEMENT: Testified in support of SB 56.
MINDY O'NEALL, Presiding Officer
Fairbanks North Star Borough Assembly
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 56.
JOHN HOCHENDONER, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
PATTY WILBANKS, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
KATI CAPOZZI, President and CEO
Alaska Chamber of Commerce
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 56.
MICHAEL HANIFEN, D.C., representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
MIKE ALEXANDER, representing self
Big Lake, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
DIANA GRIESER, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
ELIZABETH RUFF, Ed.D., Administrator
Lower Kuskokwim School District
Mertarvik, Alaska
POSITION STATEMENT: Testified in support of SB 56.
THERESA IMLACH, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
BERT HOUGHTALING, representing self
Big Lake, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
VICKI KENNEDY, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 56.
ACTION NARRATIVE
1:32:23 PM
CHAIR DAVID WILSON called the Senate Health and Social Services
Standing Committee meeting to order at 1:32 p.m. Present at the
call to order were Senators Begich, Costello, Reinbold, Hughes,
and Chair Wilson.
SB 56-EXTENDING COVID 19 DISASTER EMERGENCY
1:32:49 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 56
"An Act extending the January 15, 2021, governor's declaration
of a public health disaster emergency in response to the novel
coronavirus disease (COVID-19) pandemic; providing for a
financing plan; making temporary changes to state law in
response to the COVID-19 outbreak in the following areas:
occupational and professional licensing, practice, and billing;
telehealth; fingerprinting requirements for health care
providers; charitable gaming and online ticket sales; access to
federal stabilization funds; wills; unfair or deceptive trade
practices; and meetings of shareholders; and providing for an
effective date."
CHAIR WILSON stated that the committee would continue with
public testimony and then go on to the amendment process.
1:33:56 PM
CHAIR WILSON opened public testimony and stated a limit of two
minutes for public testimony.
1:34:12 PM
JOHN ZAFADA, Policy Director, Alaska Primary Care Association,
Anchorage, Alaska, said that his association supports Alaska's
27 community health centers that provide care for one in seven
Alaskans. The association has submitted two letters on this
topic. The association supports SB 56 and strongly encourages
the legislature to pass this by next week to avoid a serious
disruption of the extensive range of administrative, regulatory,
and statutory flexibility that have allowed Alaska to respond to
the pandemic. This emergency declaration has nothing to do with
mask mandates, hunker downs, school schedules, or restaurant
closures. These are all matters of local control and will
continue with or without the declaration. Alaska's health
centers have stood up contact tracing, telehealth, and
vaccination programs that rely on alignment between state and
federal government. Without action on the executive order,
either by the legislature or the governor, the association is
very concerned about the continuation of these services in the
near term.
1:35:45 PM
At ease
1:35:59 PM
CHAIR WILSON reconvened the meeting.
SENATOR REINBOLD asked that every person who testifies state
whether that person has any financial interest or has received
COVID funding. That is very important.
CHAIR WILSON clarified that is a request. Testifiers do not have
to state that in public testimony.
1:36:43 PM
SENATOR BEGICH added that he objects because he has many
interests as well. Individuals have the right to speak and
testify as individuals.
CHAIR WILSON continued with public testimony.
1:37:17 PM
NANCY FREDERICKSON-POPE, representing self, Palmer, Alaska, said
she has serious concerns that people who call in from the
healthcare industry are not calling in as private citizens. They
are calling in as organizations, supposedly in the best
interests of the citizens of the state. Most of them do have
financial ties and are hoping for COVID money for their
organizations. The legislature should represent citizens and not
special interests. These healthcare industries and nonprofits
are not acting in the state's best interests. The numbers in the
state are low, not because of the actions of local government.
It is because of the dynamics of Alaska and its geographical
challenges. Anything that infringes upon Alaskans' freedom and
constitutional rights is something to be wary off. She believes
in small government. This is not in the best interests of the
people of Alaska. It is only in the best interests of the
healthcare industry so it can continue to siphon money from the
government. The legislature should listen less to them and more
to the people.
1:40:20 PM
ED MARTIN, KEE Construction, Cooper Landing, Alaska, said he is
currently in Hawaii because of the mandate. This is an
unconstitutional abomination and a fraud. He and his wife sent
an email regarding the declaration. The state of Alaska has
surrendered its sovereignty to the CDC. The state does not need
emergency powers to get federal funds. Kristi Noem [governor of
South Dakota] has managed to do this without any emergency and
mandates that are in force now. The governor's own announcement
about this bill stated that only the legislature can extend
these emergency powers. Mr. Martin asked then why has the
governor done this three times. He is 65. As he sees it, this is
a clear violation and deprivation of rights under the cover of
law by everyone who signed onto this declaration and/or actions
by the governor or anyone else at the Department of Health and
Social Services (DHSS). The legislature needs to a send a cease-
and-desist letter to the governor to stop this.
KATHLEEN MARTIN, representing self, Cooper Landing, Alaska, said
their company is an earth-moving construction company that is
considered an essential service, but they did minimal activity
last year because of COVID. They were in Hawaii when different
mandates went into effect and hunkered down in Hawaii rather
than risk contracting the disease because they are both elders.
Because of that they had to hire people in Alaska to finish a
borough project. As an essential service they were supposed to
put together a COVID plan. All they can do as an essential
service is continually try to know what is going on out there.
Sometimes even the so-called professionals disagree. They can
only advise their employees to be current with whatever the
current mandates are. Guidance is constantly evolving and
changing. Their essential business is threatened with serious
fines and penalties into the millions, but COVID could be
transmitted before people have symptoms. Where the liability
actually lies is not clear cut. She does not appreciate being
threatened with liability as an employer. For her, it is better
to minimize any activity rather than be accused of passing on
COVID. She asked the committee to please keep in mind that
whatever they put out there affects people in multilayered ways,
as a human being, an employee, and an employer. She wanted to
stress the mental anguish this is causing people. People are
becoming suicidal. That is also one of the side effects of what
the committee does.
1:46:43 PM
HERMAN MORGAN, representing self, Aniak, Alaska, said that
anyone with a conflict of interest and who benefits financially
should put that in writing. In some places government officials
are being sued for crimes against humanity for destroying
people's lives. The committee should oppose SB 56 because of
inflated infection numbers and the medication ivermectin and
hydroxychloroquine clear COVID in 48 hours. There is no concern
for hospital bed shortages. That is just an argument for
emergency orders and lockdowns. It is about receiving federal
disaster money. In reality it should be about people losing jobs
and kids not being educated because of lockdowns. Alaskans
should be protected against untested vaccines. Vaccines are
being used for genocide in other countries. In Africa more
people die of vaccines than from COVID. He asked why is informed
consent not being given. The Indian Health Services has been
vaccinating people in villages since December without telling
any of them of the known dangerous side effects. Vaccines are
destroying Alaska. The WHO (World Health Organization) announced
that PCR testing is a fraud, resulting in way too many
positives.
1:50:07 PM
ADAM HYKES, representing self, Homer, Alaska, said that he has
no financial gain for or against this bill. A year ago effective
treatments for COVID were unknown and there was no vaccine. Now
both are available. The U.S. Food and Drug Administration halted
a hydroxychloroquine study after a Lancet study suggested that
it may not be safe, despite its well-known safety profile, even
for pregnant and nursing mothers and its widespread approval for
over 70 years. The Lancet study was later retracted due to
fabricated data on behalf of Surgisphere, a company from which
Lancet derived its data. In October of 2020 the American Medical
Association reversed its stance on hydroxychloroquine. In
January of 2021 the American Journal of Medicine also reversed
its stance on hydroxychloroquine not being effective. Even
Facebook, only after being sued, agreed that it had made a
mistake in censoring information about hydroxychloroquine. A
recent study found that nations that use hydroxychloroquine as
an early treatment for COVID-19 saw 79 percent fewer deaths than
nations that did not. One Native American tribe down south sent
its members ivermectin, another potent prophylactic, which might
offer aid to those in rural Alaska. Experimental vaccines are
rapidly becoming available. He asked the legislature to put an
end to the psychological trauma inflicted on Alaskans this past
year. Because there are therapeutics and multiple vaccines,
there is no longer any need for this disaster declaration.
People will either learn to live with this virus or destroy
themselves trying to stop it.
1:52:24 PM
CRYSTAL CONNER, representing self, Soldotna, Alaska, said that
she believes in the everyday American's right to choose what is
best for themselves and their families. Half of Americans do not
wear the mask because they literally don't believe that the
COVID pandemic is real. A good portion believe the pandemic is a
propaganda hoax perpetuated by the global elite to steal an
election, take out small business, and force a nanobot-filled
injection for the purpose of tracking, as well as ushering a new
global currency with the great reset at the World Economic
Forum. She is censored every single day. All the left has proven
during this time in history is that it is a Marxist-driven
movement that does not believe in the individual's right to
thoughtfully disagree. But this is America, this is the state of
Alaska. Alaskans believe in the right of the freedom to choose,
the freedom to disagree. A second pandemic hoax is being
planned, so this is not going to stop. People have to rise up as
American citizens, form themselves properly, and put a stop to
the control of the corporate global elite.
1:54:32 PM
RACHEL LORD, representing self, Homer, Alaska, said she is a
parent and a small business owner. This emergency declaration by
the state is necessary for logistics and partnerships around the
state. All of the debate and questions about what that looks
like are merited and must continue, but the state has a need for
a coordinated response to the benefit of the citizens of
communities and municipalities and of businesses around the
state. This emergency declaration in Alaska is not about
messaging and regardless of this, the status of COVID in the
community is not going to change. This is going to allow all
municipalities, communities, representatives, administration,
healthcare partners, and everyone to work together efficiently
and effectively, which is what the state needs. This is critical
for efficiency.
1:56:30 PM
MINDY O'NEALL, Presiding Officer, Fairbanks North Star Borough
Assembly, Fairbanks, Alaska, said that on March 11, 2020,
Governor Dunleavy declared the first state emergency for COVID-
19. Since then, the Fairbanks North Star Borough has been able
to continue to provide public services by adapting how it
conducts business, taking action necessary to protect employees
and the community, moving meetings online and developing a risk
matrix for public facilities. As a second class borough,
Fairbanks has often felt hamstrung as it lacks health powers and
therefore cannot spend its own tax revenues on health and social
service responses to the pandemic. If the state declaration
expires, there are severe, local implications, including that
the borough may have limited eligibility for future federal
grant monies related to the pandemic, and the use of the Carlson
Center as an alternative hospital and vaccination site may be
jeopardized. These effects would be widespread, affecting the
most vulnerable populations, hospitals, long-term care
facilities, public facilities, schools, educators, support
staff, and students. If the state declaration expires, this
would place the Fairbanks community at a disadvantage to protect
itself and be good neighbors to the rest of the state and the
country. Fairbanks is at a critical moment as its schools are
back in session, the flu season is here, and the next variant of
the disease could strike. Fairbanks is beating this now and is
optimistic that it can get back to normal operations soon, but
it is not the time to stop doing what has made it successful to
this point. While this declaration has direct impact to the
Fairbanks community as a second class borough, the implications
affect all Alaskans. After dealing with this pandemic for nearly
a year, residents are tired and need certainty and stability.
The state values local control, but in this case, where there is
a declared world pandemic, the borough cannot act without state
authority. The legislature and/or the administration must find a
way to extend the public health emergency before the current
declaration expires this Saturday at midnight to avoid
unnecessary uncertainty and risk surrounding the community's
response efforts. She urged swift action in support of SB 56.
SENATOR REINBOLD said that the Fairbanks North Star Borough has
received almost $25 million to date.
1:59:27 PM
JOHN HOCHENDONER, representing self, Fairbanks, Alaska, said he
wanted to talk about what the pandemic did not do and what
Dunleavy administration, Anne Zink, Adam Crum, and the team have
done. The pandemic did not utilize faulty and false computer
modeling to estimate cases, hospitalizations, and deaths. The
pandemic did not fracture a cohesive society into essential and
nonessential cohorts. The pandemic did not isolate seniors and
elders from loved ones without their consent or acknowledgment.
The pandemic did not silently move the goalposts without
providing clear metrics or justification. It did not use
selective message and data to coerce and subsequently further
divide the community. The pandemic did not promote evidentiary
baseless community-wide masking while ignoring robust randomized
control trials, metanalyses, OSHA research, and pandemic
planning documentation from every government and international
and national organization on the planet that advised against the
use of community masking as a mitigation tactic all while
providing zero acknowledgment of the very real negative health
impacts, both physiological and psychological. The pandemic did
not initiate lockdowns or stay at home orders, did not close
schools, did not advise that children be subjected to the
dehumanizing torture of masking without policy-grade research
nor did it then prostitute those same children via social media
posts to promote its agenda. It did not create lucrative
industries dependent on its continuation. The pandemic is not
allowing a private corporation to dehumanize, harass, and corral
people at the airports to get tested. The pandemic did not
mention or demonize the very real, proven, and diverse
prophylactic and supplementation options available. It is not
promoting a not-fit-for-purpose, nondiagnostic test with a known
false positive susceptibility that is used to broadcast case
numbers. The pandemic is not diagnosing an individual with a
disease upon the detection of a fragment of RNA without a full
medical evaluation and accompanying symptoms. It is not
promoting the lie that is asymptomatic transmission. The
pandemic did not raise the unemployment, suicide, suicidal
ideation, domestic abuse, or substance abuse rates. The pandemic
is not requesting an extension of an already fraudulent disaster
declaration to facilitate the uptake of a for-profit
investigational and experimental pharmaceutical product with
devastating side effects and unknown efficacy that people won't
be told about and won't know the risk of experiencing. He has no
intent to disparage nor downplay the very real impact this
disease has had on the state and the nation, but after a year,
the state has an opportunity to detach and reflect in honesty
about the collateral damage, the efficacy of mitigation tactics,
and nonpharmaceutical interventions, and the role people want
government to play going forward.
2:02:55 PM
PATTY WILBANKS, representing self, Anchorage, Alaska, said she
is retired Alaska colonel with the National Guard. She is
opposed to extending emergency powers because COVID-19 is no
longer an emergency situation. The state should not do it
because it is easier for state agencies or to continue to get
funding for medical organizations. The federal government
continues to induce fear, and it is up to the state to stop the
madness and protect the citizens from unconstitutional demands
and government overreach. If these emergency powers are
extended, it sends a message to citizens that COVID is so deadly
it deserves this moniker when it doesn't. The cities and
boroughs in Alaska, with Anchorage being the best example, are
using the emergency powers as justification to continue their
unconstitutional mandates for their citizens. Logic must prevail
and it starts with legislators. The Health and Social Services
documents state that there are 48 million cases of COVID-19
confirmed worldwide with nine million cases in the United
States. The numbers seem big and scary, but compared to the flu,
there were 45 million flu cases in the United States in 2017
compared to 48 million worldwide. There are more cases of flu in
the United States than COVID worldwide. The death rate in the US
for flu was 61,000. The COVID rate was 235,000. This is higher
but take into consideration that the flu has been almost
nonexistent this year. She asks where were the emergency powers
for the governor during the 2017-2018 flu season. A year ago
COVID was not understood or how serious it really was, and she
supported the emergency powers and believed it was a prudent
decision. But now, more is known and it does not qualify. What
is an emergency is the suicide rates in Alaska. The suppression,
the fear, the loss of income, and the isolation weigh on people,
but children are bearing the brunt of this insanity. Most of the
children in Anchorage have not attended school in almost a year.
Education is suffering, but most importantly their mental health
[is]. The teachers are too scared to go back because they fear
the disease and granting these emergency powers plays into those
fears but the children are suffering. She recounted a story of a
fifth grader thinking about death because he is depressed and
lonely. She asked the committee to stop playing into this fear
and to not approve the emergency powers.
2:06:29 PM
KATI CAPOZZI, President and CEO, Alaska Chamber of Commerce,
Anchorage, Alaska, said business in Alaska has suffered
immensely over the course of the COVID-19 pandemic, and 11
months into this public health and economic crisis, many are
struggling to keep their doors open. Despite the twists and
turns the business community has endured since last March, they
are starting to see a light at the end of the tunnel and are
plotting a course toward recovery. Economic recovery, however,
hinges on continued vigilant response to COVID-19. Healthy
people are the foundation of a healthy economy. Addressing
public health concerns contributes to Alaska's ability to
recover. While Alaska has had lower case counts and
hospitalizations and leads the nation in vaccinations per
capita, it is more important than ever to keep the tools in
place that allow for this positive trend. Any lapse in the
state's ability to accept and distribute vaccines, procure PPE,
or receive other healthcare resources immediately impedes the
progress the state has made and adds unacceptable uncertainty to
the state's collective recovery, both from a health and economic
perspective. Without the extension, operations throughout the
state and across many industries are under threat, causing
unnecessary and avoidable obstacles to getting the state's
economy back on track. The chamber wants to be clear that from
the business community's perspective, the emergency declaration
extension does not represent more restrictions and burdensome
mandates. Quite the opposite. The state health orders authorized
by the disaster declaration place a priority on critical
infrastructure industries, implement workplace safety protocols,
and retain state primacy for promoting safe travel into and
within Alaska. The state declaration supports the business
community and ensures that commerce continues. The state's
fragile economy depends on the certainty that the emergency
declaration provides. The Alaska Chamber urges swift passage of
SB 56.
2:08:49 PM
MICHAEL HANIFEN, D.C., representing self, Anchorage, Alaska,
said he is a doctor of chiropractic, a small business owner, and
an Air Force veteran. In local testimony, he has proven beyond a
shadow of doubt that the state is not in a pandemic. The COVID
PCR test is invalid. Virologists from California said that the
cycling of the PCR test is way too high. It is set at 40, and
the industry standard is 17. It still does not prove that
someone is sick or ill or contagious. The state and local
governments are are basing their numbers and actions on false
data. Not looking at this is a dereliction of duty by Dr. Zink
and everyone in state government. If the cycling was reduced to
35 cycles, that would mean that 43 percent of positive tests
would be negative. If it were cycled down to 30, which is still
double the industry standard, that would indicate that 63
percent would no longer be judged a positive. The state has seen
an increase in suicides; the state has lost 277 souls, one of
which was his patient. The state has lost over 655 souls to
suicide and drug overdose from January 1, 2020, through November
30, 2020, according to state of Alaska epidemiologists. The
suicide careline saw an increase of 90 percent in calls just in
the third quarter comparing 2019 to 2020, with a 51 percent
increase in the number of new callers. The state is not in a
state of emergency or pandemic. The numbers do not even indicate
that the state is in an epidemic at this stage of the game. It
is an abuse of power to continue to extend these orders. He
understands that the state and the local governments each have
their own powers associated with that, but to continue on,
Governor Dunleavy needs to set the example for the entire state
and recognize the state is no longer in a state of emergency.
The state has healthcare procedures that can save people through
hydroxychloroquine, vitamin D, zinc, and vitamin C.
2:12:18 PM
MIKE ALEXANDER, representing self, Big Lake, Alaska, said he is
a retired nurse and has no financial interests tied to this. The
nonessential workers of Big Lake have been thrown under the bus
by these emergency orders. Treatments are now available, and the
vaccine's effects and effectiveness are questionable. He would
like the state to follow South Dakota's example. He is
vehemently opposed to SB 56. There isn't an epidemic. The only
people in favor of this are going to make a buck off of this.
2:13:34 PM
DIANA GRIESER, representing self, Juneau, Alaska, said that her
husband was in Alaska before statehood and that she arrived
shortly after. She is a retired nurse. She does not support SB
56 for all the various reasons others have testified about.
2:14:52 PM
ELIZABETH RUFF, Ed.D., Administrator, Lower Kuskokwim School
District, Mertarvik, Alaska, said that the emergency relief
should be extended with consideration for rural school
districts. The Lower Kuskokwim School District has gone to great
lengths to bring connectedness to the rural villages. Additional
funds need to be focused on continuing to build the
infrastructure to support this system long after the pandemic
becomes ancient memory. Schools would also benefit from
additional dollars towards supplies so they can support their
students who are attempting to learn and be engaged with their
teachers through Zoom and Moodle classes.
2:16:36 PM
THERESA IMLACH, representing self, Wasilla, Alaska, said she is
a small business owner. In the beginning the emergency
declaration was a tremendous blessing, but it is no longer
needed. There are tremendous therapeutics that work. Continuing
being dishonest about therapeutics harms the community. The
government protocols have been lock up, shut down, stay in your
homes. That feels like the government is saying to trust it
because the government doesn't trust people. She sees that small
businesses are suffering, children are suffering, and America is
built on the backs of small businesses. Her reflection question
is the committee trying to destroy small businesses. Her friends
in the restaurant industry have lost their livelihood. The
emergency is hurting Alaskans. Let people know about
therapeutics. Merck has stopped developing a COVID-19 vaccine
because treatment works.
2:18:35 PM
BERT HOUGHTALING, representing self, Big Lake, Alaska, said he
is not profiting from this nor has he received one penny of
funding from anything that has been distributed. He is not
considered an essential service, but he does provide an
essential service that has kept him in business since the
beginning of all this. Unfortunately, he cannot say that for the
people his company services. The emergency was supposed to be
declared so that the state could build up its medical facilities
to take care of the massive flood of patients, but the numbers
of people going into the hospitals has statistically matched
prior years during regular flu seasons. The emergency that in
the beginning caused everyone to be locked down is long gone.
Right after Biden became president the PCR values were lowered
to result in fewer false positives. This came from the WHO and
the CDC. There is no difference with deaths than what has been
seen with flu in the past.
2:21:39 PM
VICKI KENNEDY, representing self, Juneau, Alaska, said she had
pneumonia and tested negative for COVID three times. She has
seen more damage done by this bill than by anything COVID could
have given her. There is no money made in the cure; money is
made in the prevention and the treatment. She just doesn't trust
any of it anymore when every box store was open but she couldn't
go to church. Church members had to meet in secret. That is
communistic.
2:24:41 PM
CHAIR WILSON closed public testimony.
2:24:50 PM
SENATOR REINBOLD objected.
2:24:55 PM
CHAIR WILSON closed public testimony and said there would be
ample time for members of the public to testify in other
committees of referral. The committee needs to get on to the
amendment process.
2:25:12 PM
At ease
2:25:18 PM
CHAIR WILSON reconvened the meeting.
CHAIR WILSON noted the presence of Senate President, Senator
Micciche. Chair Wilson announced that if there were any
questions, the drafter from Legislative Legal was online, as
well as Colleen Glover from the Department of Revenue, Bryan
Fisher from the Department of Military and Veteran Affairs,
Heidi Hedberg, Director of Public Health, Director Sara Chambers
from the Department of Commerce, Community and Economic
Development, and Susan Pollard from the Department of Law.
2:26:59 PM
SENATOR BEGICH moved Amendment 1.
AMENDMENT 1
32-GS1011\A.15
Dunmire
2/8/21
OFFERED IN THE SENATE BY SENATOR BEGICH
TO: SB 56
Page 10, following line 4:
Insert a new bill section to read:
"* Sec. 10. The uncodified law of the State of
Alaska is amended by adding a new section to read:
CIVIL LIABILITY. A person may not be held liable
for an action taken on or after February 14, 2021, and
before the effective date of this Act that complies
with or does not comply with an order, proclamation,
or declaration adopted by the governor to respond to
the declaration of a public health disaster emergency
as extended by sec. 2 of this Act."
Renumber the following bill sections accordingly.
Page 10, line 14:
Delete "Sections 1 - 3 and 5 - 9"
Insert "Sections 1 - 3 and 5 - 10"
2:27:04 PM
SENATOR REINBOLD objected.
SENATOR BEGICH said Amendment 1 would insert a new section on
page 10, line 4. This amendment comes out of a conversation the
committee had when it was first presented the bill about
retroactively enacting the bill. If the bill is passed, a
retroactive clause would kick in back to February 14. The
commissioner noted that mandates would expire and become
recommendations after the order expired on February 13.
Individuals coming into the state of Alaska would be under the
impression that they were under a recommendation. Then, when the
retroactivity clause kicked in, if the bill passes, they would
suddenly be under a mandate that would be retroactive to that
date, thus creating a potential liability that they would be
uninformed about. This [amendment] simply protects those
individuals coming into the state from that liability that might
otherwise accrue. He has spoken to the DHSS representative and
the commissioner. They concur that this language would correct
that issue if this bill should eventually pass.
2:28:29 PM
SENATOR REINBOLD maintained her objection. A roll call vote was
taken. Senators Begich, Hughes, and Wilson voted in favor of
Amendment 1 and Senators Costello and Reinbold voted against it.
Therefore, Amendment 1 passed by a 3:2 vote.
2:29:04 PM
SENATOR HUGHES moved Amendment 2.
AMENDMENT 2
32-GS1011\A.29
Dunmire
2/8/21
OFFERED IN THE SENATE BY SENATOR HUGHES
TO: SB 56
Page 3, line 26:
Delete "September 30, 2021"
Insert "March 15, 2021"
Page 3, line 31:
Delete "September 30, 2021"
Insert "March 15, 2021"
Page 6, line 1:
Delete "November 30, 2021"
Insert "May 15, 2021"
Page 6, line 16:
Delete "September 30, 2021"
Insert "March 15, 2021"
Page 10, line 10:
Delete "September 30, 2021"
Insert "March 15, 2021"
Page 10, line 15:
Delete "September 30, 2021"
Insert "March 15, 2021"
SENATOR REINBOLD objected.
CHAIR WILSON asked Senator Hughes to speak to her amendment.
2:29:09 PM
SENATOR HUGHES said this amendment changes the extension from
September 30, 2021, to March 15, 2021. Her original intention
was to get rid of the emergency declaration. The problem is that
was complicated. The intent was to give the administration the
specific tools it needs to do things like expedite procurement,
and [deal with] PPE supplies, therapeutics, vaccines, and
adequate testing sites, and to provide the administration
everything it might need to finish this off. Like many who
testified today, she does not think that the state is in a state
of emergency. When she looks at page 3 [of the bill], it refers
to the department monitoring and actively managing the
situation. That does not signal emergency to her. She noted to
the people online that their testimony was excellent. She took
notes and appreciated the statistics from Dr. Hanifen. However,
the legislature needs to make sure that the administration has
the tools to monitor and manage the situation at this point. If
she had rushed forward an amendment to stop the declaration
without providing an amendment with all the necessary tools, the
state would have had a problem. She is suggesting, and what this
amendment does, is 30 days to get all the ducks in a row to
ensure the administration has all the tools it needs. This bill
next moves to the Labor and Commerce Committee. She has had
conversations with the chair of that committee, Senator
Costello, who is diligently working to ensure the administration
would have the tools. Speaking to members of the public, as much
as she would like the emergency to go away because the state is
moving to a period of recovery and normalcy, it is necessary, so
that the legislature gets this right and can ensure the health
and wellbeing of Alaskans, to extend the declaration for 30
days. She has gotten a lot of information from people supporting
the continuation until September 30. There is a lot of incorrect
information about the ability to receive federal dollars without
the declaration. That is not true. These 30 days will allow the
legislature to tease out all that and with good information can
make a better decision at that point.
SENATOR REINBOLD said she wanted to apologize to testifiers
online who have waited three afternoons to testify. Now that
testimony is sadly closed that will be made right at some point.
She passionately disagrees with this amendment. The
administration has had a year. The administration has told her
that it has been working since January of 2020 to get PPE and
all that. She has never seen anything like it in the history of
Alaska. Extending it another 30 days based on getting PPE is
ridiculous. She is a passionate no on this.
2:33:16 PM
SENATOR REINBOLD maintained her objection. A roll call vote was
taken. Senators Hughes, Costello, Begich, and Wilson voted in
favor of Amendment 2 and Senator Reinbold voted against it.
Therefore, Amendment 2 passed by a 4:1 vote.
2:33:49 PM
SENATOR REINBOLD moved Amendment 3.
AMENDMENT 3
32-GS1011\A.22
Dunmire
2/8/21
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: SB 56
Page 5, line 24, through page 6, line 2:
Delete all material and insert:
"REPORTS. Beginning March 1, 2021, the Office of
Management and Budget shall electronically submit, on
the first day of the month, a report to the
legislature that lists the expenditures used to cope
with the public health disaster emergency declared by
the governor on January 15, 2021, as extended by sec.
2 of this Act, and that identifies all actions taken
by the governor, the Department of Health and Social
Services, the Department of Military and Veterans'
Affairs, and other state agencies directly related to
the prevention, control, and status of novel
coronavirus disease (COVID-19) cases in the state. The
report must include an explanation, made without
disclosing information that would identify
individuals, of any activities related to the
isolation or quarantine of individuals to contain the
spread of COVID-19 and of all adverse reactions,
injuries, side effects, and deaths related to a COVID-
19 vaccine. The governor shall submit a final report
not later than November 30, 2021, or 60 days after the
date the governor determines, under sec. 2 of this
Act, that the public health disaster emergency no
longer exists, whichever is earlier. Each report
submitted under this section must include cumulative
information."
CHAIR WILSON objected.
2:34:00 PM
SENATOR REINBOLD said that page 5, line 24, of the bill, talks
about reporting back to the legislature. Section 4 requires [a
report of] total expenditures incurred by the state in response
to the public health disaster. When SB 241 passed, and she was a
no on that, there was a much better section on the reporting.
This amendment requires much better reporting mechanisms, so it
lists the expenditures to cope with the disaster and provides
important information. The SHSS aide just passed out a
supporting document to the committee with one example from SB
241 of quarantine and isolation orders, especially involuntary
orders. That was one of the requirements for SB 241. There was a
lot more detailed information provided to the legislature, which
is much better in SB 241 than the high-level information in SB
56. The report in this amendment, for transparency and for
important, detailed information, is not just total expenditures.
SENATOR HUGHES commented that in the way it is written now, it
looks like any activity related to isolation or quarantine would
be reported. To her, that includes if the person in quarantine
is playing Scrabble or calling his mother. It is not clear. It
is just saying any activity. There is a problem with the
amendment.
SENATOR REINBOLD replied that when people are told that they
have to isolate or quarantine, that is important information.
Basically, a lot of people have lost their freedom. She can give
an example of someone who was locked in the Captain Cook Hotel
on the way to the Slope and was not given a key to get out of
the hotel room. This is super important for the legislature to
have this information. This is a free society and the COVID
disaster has stripped freedoms. This is critically important to
get information out to the legislature and to the people about
what is exactly going on.
SENATOR HUGHES said that she will be a no because it is not
clearly written. She cannot support this as written.
SENATOR REINBOLD said that this report includes, without
disclosing any personal information, an explanation of
activities regarding isolation and quarantine. It also talks
about adverse reactions, injuries, side effects, and deaths
related to the COVID-19 vaccine. This is important information
that Alaskans deserve, especially because of the rush to get the
mRNA vaccination out. She is sorry that Senator Hughes has a
problem with the grammar, but Alaskans deserve to know the
adverse reactions, the injuries, the side effects, and deaths
related to this vaccine.
2:38:08 PM
CHAIR WILSON maintained his objection A roll call vote was
taken. Senator Reinbold voted in favor of Amendment 3 and
Senators Costello, Begich, Hughes, and Wilson voted against it.
Therefore, Amendment 3 failed by a 1:4 vote.
2:38:43 PM
SENATOR REINBOLD moved Amendment 4.
AMENDMENT 4
32-GS1011\A.21
Dunmire
2/8/21
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: SB 56
Page 4, line 18, through page 5, line 21:
Delete all material and insert:
"PUBLIC HEALTH DISASTER EMERGENCY; FINANCING
PLAN. The legislature shall create a financing plan
for the declaration of a public health disaster
emergency issued by the governor on January 15, 2021,
as extended by sec. 2 of this Act, through a separate
appropriation bill passed by the legislature. The
Legislative Budget and Audit Committee shall
selectively audit emergency disaster funds to ensure
public trust and accountability and to ensure the
intent of the legislature is met in the distribution
of the funds."
CHAIR WILSON objected for purposes of discussion.
SENATOR REINBOLD said that Amendment 4 takes the power for
creating a financial plan from the executive branch and gives it
to the legislature.
SENATOR HUGHES noted that she normally agrees with Senator
Reinbold on many things. This may be a good idea, but this is
something that should be considered by the Finance Committee. As
a member of the Senate HSS Committee she does not feel
comfortable making the call on this, so she will be a no. If
someone is unsure about something, it is better to be a no.
SENATOR REINBOLD said that the constitution gives the
appropriation power to the legislature. Legislators take an oath
to the constitution, which says that the legislature does the
financing. This just allows the legislature to have its due
constitutional authority to create a finance plan.
SENATOR HUGHES responded that what is in the bill right now is a
financing plan, so the legislature does have a part in that.
SENATOR REINBOLD said this bill allows the executive branch to
put together the financing plan. Her amendment allows the
legislature to do it.
2:40:24 PM
CHAIR WILSON maintained his objection. A roll call vote was
taken. Senator Reinbold voted in favor of Amendment 4 and
Senators Hughes, Costello, Begich, and Wilson voted against it.
Therefore, Amendment 4 failed by a 1:4 vote.
SENATOR REINBOLD moved Amendment 5.
AMENDMENT 5
32-GS1011\A.20
Dunmire
2/8/21
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: SB 56
Page 4, lines 5 - 6:
Delete "commissioner of health and social
services"
Insert "legislature, based on credible
scientific, epidemiological, or virological nationally
respected peer-reviewed research,"
Page 4, line 8, following "proclamation":
Insert ", or the legislature shall adopt a
resolution stating,"
Page 4, line 10, following "governor":
Insert "or legislature"
Page 4, line 11:
Following "commissioner":
Insert "or legislature"
Page 4, lines 13 - 15:
Delete all material.
CHAIR WILSON objected for purposes of discussion.
SENATOR REINBOLD said that Amendment 5 replaces the commissioner
of DHSS with the legislature, "based on credible scientific,
epidemiological, or virological nationally respected peer-
reviewed research." She withdrew the amendment because she
wanted this "in order to declare a disaster." This is in regard
to ending the disaster. The intent is not clear.
2:41:40 PM
CHAIR WILSON announced that Amendment 5 is withdrawn.
SENATOR REINBOLD moved Amendment 6.
AMENDMENT 6
32-GS1011\A.26
Dunmire
2/8/21
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: SB 56
Page 1, line 1, following "Act":
Insert "relating to a state disaster plan;"
Page 3, following line 26:
Insert a new bill section to read:
"* Sec. 2. AS 26.23.040 is amended by adding a new
subsection to read:
(h) In addition to the state emergency plan
required by (a) of this section, the state shall
prepare and maintain a disaster plan to be executed in
the event of a natural disaster or external threat.
The disaster plan must include provisions for
distributing food and water to each district of the
state and for providing heat and medical supplies to
key facilities in each district of the state within
three days of the disaster or threat. The state shall
stockpile sufficient food, water, and other supplies
for 60 days of emergency use for each community in the
state."
Renumber the following bill sections accordingly.
Page 4, line 21:
Delete "sec. 2"
Insert "sec. 3"
Page 5, line 21:
Delete "sec. 2"
Insert "sec. 3"
Page 6, line 1:
Delete "sec. 2"
Insert "sec. 3"
Page 6, line 7:
Delete "sec. 2"
Insert "sec. 3"
Page 6, line 17:
Delete "sec. 2"
Insert "sec. 3"
Page 7, line 13:
Delete "sec. 2"
Insert "sec. 3"
Page 8, line 14:
Delete "sec. 2"
Insert "sec. 3"
Page 9, line 16:
Delete "sec. 2"
Insert "sec. 3"
Page 10, line 11:
Delete "sec. 2"
Insert "sec. 3"
Page 10, line 13:
Delete "sec. 2"
Insert "sec. 3"
Page 10, line 14:
Delete "Sections 1 - 3 and 5 - 9"
Insert "Sections 1, 3, 4, and 6 - 10"
Page 10, line 16:
Delete "sec. 2"
Insert "sec. 3"
Page 10, line 18:
Delete "sec. 2"
Insert "sec. 3"
CHAIR WILSON objected for purposes of discussion.
SENATOR REINBOLD said that Amendment 6 states that the state
shall supply sufficient food, water, and other supplies for 60-
day emergency use for the community. If the committee is talking
about rewriting disaster declaration statute, which SB 56 does,
it is important that the state plans for sufficient food, water,
and other supplies for emergency use for each and every district
in the state.
2:42:44 PM
SENATOR HUGHES replied that she does believe that the
legislature needs to look at disaster statutes as an overall
whole. There might be an opportunity to do that in the Judiciary
Committee. Having a plan in place is good, but this amendment
would add a huge fiscal note. It is the role of individuals and
communities, rather than the state, to put away a 60-day supply.
It is important. Alaska has earthquakes and other disasters. She
appreciates the intent and she fully supports communities having
a stockpile. Having the state do it for the communities and
creating a huge fiscal note is an impediment to what the
committee is presently dealing with. She hopes the legislature
can have a discussion about these kinds of things. Food security
is incredibly important. She does not agree with rushing this
policy through at this time.
SENATOR REINBOLD responded that SB 56 is a rewrite of the
Disaster [Act]. It is adding in a whole bunch of stuff.
Therefore, this is the appropriate place because of fires,
earthquakes, military threats, etc. A disaster plan is one of
the most important things people can do to provide for food,
water, heat, and medical supplies. If this is not included in a
disaster plan, it is unbelievable. She urged a yes vote. This is
just common sense.
2:44:17 PM
CHAIR WILSON maintained his objection. A roll call vote was
taken. Senator Reinbold voted in favor of Amendment 6 and
Senators Costello, Begich, Hughes, and Wilson voted against it.
Therefore, Amendment 6 failed by a 1:4 vote.
SENATOR REINBOLD moved Amendment 7.
AMENDMENT 7
32-GS1011\A.19
Dunmire
2/8/21
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: SB 56
Page 1, line 1:
Delete "extending"
Insert "relating to"
Page 1, line 12:
Delete "(a)"
Page 3, line 23, through page 4, line 15:
Delete all material.
Renumber the following bill sections accordingly.
Page 4, lines 20 - 21:
Delete "as extended by sec. 2 of this Act,"
Page 5, line 21:
Delete ", as extended by sec. 2 of this Act"
Page 6, lines 1 - 2:
Delete ", or 60 days after the date the governor
determines, under sec. 2 of this Act, that the public
health disaster emergency no longer exists, whichever
is earlier"
Page 6, lines 7 - 8:
Delete "as extended by sec. 2 of this Act,"
Page 6, lines 15 - 18:
Delete "on the earlier of
(A) September 30, 2021; or
(B) the date the governor determines, under
sec. 2 of this Act, that the public health disaster
emergency no longer exists"
Insert "September 30, 2021"
Page 7, lines 13 - 14:
Delete "as extended by sec. 2 of this Act,"
Page 8, lines 13 - 14:
Delete "as extended by sec. 2 of this Act,"
Page 9, line 16:
Delete "as extended by sec. 2 of this Act,"
Page 10, lines 9 - 13:
Delete "on the earlier of
(1) September 30, 2021; or
(2) the date the governor determines, under
sec. 2 of this Act, that the public health disaster
emergency declared by the governor under AS 26.23.020
on January 15, 2021, as extended by sec. 2 of this
Act, no longer exists"
Insert "September 30, 2021"
Page 10, lines 14 - 18:
Delete "on the earlier of
(1) September 30, 2021; or
(2) the date the governor determines, under
sec. 2 of this Act, that the public health disaster
emergency declared by the governor under AS 26.23.020
on January 15, 2021, as extended by sec. 2 of this
Act, no longer exists"
Insert "September 30, 2021"
CHAIR WILSON objected for purposes of discussion.
SENATOR REINBOLD said this removes Section 2 from the bill. It
is a big amendment. First of all, the disaster was
unsubstantiated. It was called when there were zero cases. Then
it was based on a University of Alaska Anchorage model rife with
flaws and errors. This section is unnecessary. The disaster has
been unaudited. There have been no checks and balances in regard
to this. The disaster was extended back in November to December.
She believes it was illegal. The statutes clearly state a
disaster can only be 30 days. SB 241 extended it. A lot of
people were under duress when SB 241 was done, and she only
remembers one hearing. But the bottom line is it was extended
again December 15 to January 15. Now the governor is asking for
grace for all that he did without letting the legislature weigh
in on a single mandate. The legislature wasn't able to weigh in
on a single health order. The financial plan was not done by the
legislature. The football was stripped and it was given to the
executive branch, and now the governor wants the legislature to
extend it through September 2021. She finds that completely
outrageous. The number of Alaskans suffering is unprecedented.
Children are having mental health issues. Businesses are going
under. The thought of extending this declaration or making it
retroactive is completely unacceptable. It provides no checks
and balances. The legislature is a separate branch of government
and should not allow "these guys" to do whatever they want and
make it retroactive. She strongly supports this amendment.
2:47:05 PM
At ease
2:47:23 PM
CHAIR WILSON reconvened the meeting.
SENATOR BEGICH noted that he agrees with some of the comments of
his colleague from Eagle River when it comes to the November,
December, and January orders. He cannot support this amendment
because it goes beyond that, but he does agree with her about
the question of the legality of those other orders. Right now
the legislature is focused on its constitutional responsibility
to the life, health, and safety of Alaskans, so, regretfully, he
will be opposing this amendment.
SENATOR HUGHES added that since the committee passed Amendment
2, changing the date to March 15, there are problems with this
being applicable. It would remove the possibility of ending the
declaration earlier. She will not support it.
SENATOR REINBOLD explained that these amendments were written to
the bill before the committee and with Amendment 2, still makes
all this retroactive in regard to the disaster declarations that
were done in the past. This amendment is still 100 percent
important. The committee members are saying they agree with
everything the governor did, with the illegal disaster
declarations that were unjustified, unaudited, and with no
checks and balances with the legislature. This is very serious
separation of powers issues.
SENATOR COSTELLO pointed out that assigning a motive to another
legislator is not allowed. She will be a no on this. That does
not mean that she agrees with everything the governor does.
SENATOR REINBOLD replied that there was no motive. She was just
saying what the amendment did. It was just a statement of fact.
2:49:30 PM
CHAIR WILSON maintained his objection. A roll call vote was
taken. Senator Reinbold voted in favor of Amendment 7 and
Senators Begich, Hughes, Costello, and Hughes voted against it.
Therefore, Amendment 7 failed by a 1:4 vote.
2:50:20 PM
At ease
2:51:07 PM
CHAIR WILSON reconvened the meeting.
2:51:08 PM
SENATOR REINBOLD moved Amendment 8.
AMENDMENT 8
32-GS1011\A.27
Marx/Dunmire
2/5/21
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: SB 56
Page 10, lines 19 - 22:
Delete all material.
Renumber the following bill section accordingly.
CHAIR WILSON objected for purposes of discussion.
SENATOR REINBOLD explained that Amendment 8 eliminates Section
13 in the bill, which is on page 10. Section 13 says the
uncodified law of the state of Alaska is amended by adding a new
section. This is an extremely dangerous precedent.
"Retroactivity. If this Act takes effect after February 14,
2021, this Act is retroactive to February 14, 2021," read
Senator Reinbold. Again, this sets a bad precedent. If this law
is not passed by February 14, the governor is basically telling
the legislature that it will be made retroactive anyway. This is
one of the worst precedents she has ever seen. Again, the
disaster is unsubstantiated. This is a serious separation of
powers issue. Eighteen mandates were passed without input from
the legislative branch. The disaster was extended three times
without the legislative branch, which she believes was breaking
the law. This could have ex post facto laws that the legislature
will need to check with Legislative Legal about. The bottom line
is that making something retroactive just does not settle right.
She needs to vet that with Legislative Legal, but it concerns
her. It basically gives immunity to the governor for what he has
been doing. The legislature has set a bad precedent, and this
section is a serious concern.
CHAIR WILSON said SB 241 had effective dates that were
retroactive by the time the governor signed that bill to make
sure there was coverage for those businesses and items that
needed the retroactivity for better protection after the bill
passed and it was signed into law. He will not speak on behalf
of the administration, but he believes the retroactivity here is
because of where the legislature is with the status of the other
body.
SENATOR HUGHES said that when the committee makes a decision
about legislation and passes it through the body, the governor
is not telling them what to do. The legislature is deciding what
to do. The legislature is the policy makers. Her concern, now
that they have shortened the declaration so legislators can
tease out tools are actually needed so the emergency declaration
can be ended, is if the committee takes this out, there will be
a problem with figuring out the next 30 days. She does not fully
understand the impact of this. Again, these are big and fast
policy decisions without all the information necessary. She
doesn't know if it would work. The legislature needs the 30 days
in order to provide the necessary tools. She will be a no.
SENATOR REINBOLD replied that this is very simple, not heavy-
duty legislative work. This is simply saying that if this passes
later, the legislature will not make this retroactive, which is
terrible precedence.
2:54:58 PM
CHAIR WILSON maintained his objection. A roll call vote was
taken. Senator Reinbold voted in favor of Amendment 8 and
Senators Begich, Hughes, Costello, and Wilson voted against it.
Therefore, Amendment 8 failed by a 1:4 vote.
2:55:30 PM
At ease
2:56:37 PM
CHAIR WILSON reconvened the meeting.
2:55:39 PM
SENATOR REINBOLD moved Amendment 13.
AMENDMENT 13
32-GS1011\A.4
Dunmire
2/2/21
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: SB 56
Page 1, line 7, following "shareholders;":
Insert "relating to personal objections to the
administration of COVID-19 vaccines;"
Page 10, following line 4:
Insert a new bill section to read:
"* Sec. 10. The uncodified law of the State of
Alaska is amended by adding a new section to read:
PERSONAL OBJECTIONS TO THE ADMINISTRATION OF
COVID-19 VACCINES. An individual may object to the
administration of a COVID-19 vaccine based on
religious, medical, or other grounds. A parent or
guardian of a minor child may object to the
administration of a COVID-19 vaccine to the minor
child based on religious, medical, or other grounds. A
person may not require an individual to provide
justification or documentation to support the
individual's decision to decline a COVID-19 vaccine or
to decline a COVID-19 vaccine for a minor child."
Renumber the following bill sections accordingly.
Page 10, line 14:
Delete "5 - 9"
Insert "5 - 10"
SENATOR REINBOLD said that this says, "relating to personal
objections to the administration of COVID-19 vaccines." It
basically allows for religious, medical, and other grounds to
object [to COVID-19 vaccine].
2:57:08 PM
CHAIR WILSON announced that without objection Amendment 13
passes.
2:57:17 PM
SENATOR REINBOLD moved Amendment 14.
AMENDMENT 14
32-GS1011\A.2
Dunmire
2/2/21
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: SB 56
Page 1, line 7, following "shareholders;":
Insert "relating to informed consent for COVID-19
vaccines;"
Page 10, following line 4:
Insert a new bill section to read:
"* Sec. 10. The uncodified law of the State of
Alaska is amended by adding a new section to read:
INFORMED CONSENT FOR COVID-19 VACCINES. A health
care provider may not administer a COVID-19 vaccine to
an individual without first obtaining the informed
consent of the individual or, if the individual is a
minor child, of a parent or guardian of the minor
child."
Renumber the following bill sections accordingly.
Page 10, line 14:
Delete "5 - 9"
Insert "5 - 10"
CHAIR WILSON announced that with no objection Amendment 14
passes.
2:57:35 PM
SENATOR REINBOLD moved Amendment 9.
AMENDMENT 9
32-GS1011\A.24
Marx/Dunmire
2/8/21
OFFERED IN THE SENATE BY SENATOR REINBOLD
TO: SB 56
Page 1, line 5:
Delete "telehealth;"
Page 7, line 9, through page 8, line 9:
Delete all material.
Renumber the following bill sections accordingly.
Page 10, line 14:
Delete "5 - 9"
Insert "5 - 8"
CHAIR WILSON objected for purposes of discussion.
SENATOR REINBOLD observed that the committee had a good
telehealth discussion last week. This eliminates telehealth and
puts telehealth back in a separate bill, hopefully. SB 56
concerns her because it does not allow or require Alaska
physician preference. Before people were able to see a physician
firsthand to be able to get to know the physician. That first
initial exam is important. This bill does not require an Alaskan
physician to have an exam first. That was so important for
Alaska physicians. This amendment requires Alaska preference for
a physician.
SENATOR HUGHES explained that although she totally agrees with
Senator Reinbold that an in-person physical exam is very
important with Alaska preference, when a person tests positive
for COVID it is important that that person not have an in-person
visit for the first time. Until the state gets a handle on this,
leaving the telehealth regulations and statutes as they are to
allow greater flexibility is important if there is a shortage of
providers in the state. The state can draw on other providers
who can help Alaskans maintain good health. Telehealth at this
time is particularly important. The legislature needs to leave
it as is. She does agree with Senator Reinbold about returning
in the future to an Alaskan physician preference.
SENATOR BEGICH said that given the restriction to March 15 that
the committee adopted, he is only going to oppose this amendment
because of that restriction. This section of the bill needs to
be rewritten and he hopes to see those changes made.
SENATOR REINBOLD added that the legislature worked hard on this
in the past. Even with COVID, there are excellent treatments for
COVID. American doctors on the frontline have treated so many
patients, many times one-on-one, with ivermectin and
hydroxychloroquine, and so much is known about the disease now.
She worked in the medical industry for a long time and that
first initial visit is so powerful and important. Even with
COVID, it is still important for people to meet their patients.
3:01:16 PM
CHAIR WILSON maintained his objection. A roll call vote was
taken. Senator Reinbold voted in favor of Amendment 9 and
Senators Hughes, Costello, Begich, and Wilson voted against it.
Therefore, Amendment 9 failed by a 1:4 vote.
CHAIR WILSON noted that the amendment process would end for the
day. Members will always have a chance to offer amendments on
the floor and in the next committee of referral. Committee
members can talk to committee chairs and members to continue the
amendment process.
3:02:12 PM
At ease
3:02:18 PM
CHAIR WILSON reconvened the meeting.
CHAIR WILSON said that he believed that the amendment dealing
with occupational and professional licensing will be considered
by the chair of the next committee of referral
SENATOR HUGHES said that before moving SB 56, she was thankful
to have made a speech earlier about the work ahead so the state
can move on to a full period of recovery and into a state of
normalcy, which is important. She wants the public to understand
that what is happening in various municipalities is not
connected to this declaration being extended for 30 days. Those
decisions are made at the local level. If anyone has concerns
about schools being closed, about any type of mandate, people
should be talking to city councils or assembly members. She
moved SB 56, version 32-GS1011\A, from committee as amended with
attached fiscal notes and individual recommendations.
3:03:57 PM
SENATOR REINBOLD objected.
3:04:03 PM
A roll call vote was taken. Senators Costello, Begich, Hughes,
and Wilson voted in favor of moving SB 56 from committee and
Senator Reinbold voted against it. Therefore, the motion passed
by a 4:1 vote. SB 56, version 32-GS1011\A, as amended moved from
committee.
SENATOR BEGICH noted that earlier in the committee a comment was
made about 45 million flu cases last year. In 2019 there were
65,0000 flu cases. He wanted to correct that for the record. He
also wanted to apologize because last week he called Mr. Coons'
comments derogatory toward the senator from Eagle River. While
he did not agree with those comments, he apologizes unreservedly
to Mr. Coons for saying they were derogatory. On hearing the
comments a second time, they were not, but Senator Begich does
take exception to comments that are made about a senator's
ability to review or not review documents.
SENATOR REINBOLD shared that she wants Alaskans to know that she
passionately disagrees with SB 56. She absolutely plans on
voting no on this. The state has an unprecedented situation
going on right now with many students out of school, a mental
health crisis, economic crisis, small businesses suffering, and
people tend to bow down to the almighty dollar, the federal
dollar, at the cost of freedom, at the cost of small business,
at the cost of mental health. DHSS is pushing a controversial,
new mRNA vaccination. That is the whole push to get this bill
through, procurement, money, vaccination clinics, etc., based on
an experimental vaccine that is only emergency use
authorization. The state needs to go slowly for the protection
of the health of Alaskans. She is not an antivaxxer, but she is
concerned about the mRNA vaccinations, which they say is their
primary purpose for this bill. John Hochendoner gave exceptional
testimony today, which summarizes what she believes with regard
to what this bill is about. On behalf of all Alaskans who are
suffering, she apologizes that she was not able to stop this
bill.
SENATOR COSTELLO shared that a vote yes today was a vote to move
this bill to the next committee, which is the committee she
chairs, Senate Labor and Commerce. She invited those not able to
testify today to testify in her committee tomorrow. She welcomes
any comments submitted to the committee in written form. She
thanked the chair for getting the bill to her committee.
[CSSB 56(HSS) was moved from the Health and Social Services
Standing Committee.]
3:08:09 PM
There being no further business to come before the committee,
Chair Wilson adjourned the Senate Health and Social Services
Standing Committee meeting at 3:08 p.m.